2008•Journal of Nanchang UniversityRequires access
On the Legislative Construction of Suiting Punishment to Crime
MA Rong-chun
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Abstract
As one of the basic principles of criminal law,the principle of suiting punishment to crime should be carried out in criminal legislation.That is to say,the balance between crime and punishment or construction of suiting punishment to crime should be carried out in legislative phrase of criminal law because suiting punishment to crime in legislation is the premise and rough frame of suiting punishment to crime in justice.Based on this reason,construction standard and construction method form the two basic questions of the legislative construction of suiting punishment to crime.The answers lie in quality and quantity difference of crime and correspondence between crime and punishment.Then,the legal constructing standard of suiting punishment to crime should be the social harmfulness of crime,while its legal constructing method should be the base-ordered corresponding one.